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MARLOWE v. LEHIGH TWP.

No. 2242 C.D. 1985.

100 Pa.Commw. 201 (1986)

514 A.2d 304

Frank Marlowe, Appellant v. Lehigh Township, Appellee.

Commonwealth Court of Pennsylvania.

August 29, 1986.

Attorney(s) appearing for the Case

Margaret Gilligan Hinga, with her, Richard J. Orloski, Calnan & Orloski, P.C., for appellant.

Michael P. Shay, with him, Richard E. Santee, Jr., Shay & Santee, for appellee.

Argued May 12, 1986, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, August 29, 1986:

Frank Marlowe appeals from an order of the Court of Common Pleas of Northampton County, which denied his motion for a new trial. We vacate, and remand this case to the trial court.

Marlowe owned a home at the dead end of Third Street, onto which large amounts of water collected, as a result of runoff from Third Street. He granted an easement to the appellee, Lehigh Township, to construct a drainage system over...

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